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AIBU?

AIBU to lie to tax credits?

99 replies

ObsidianBlackbirdMcNight · 28/05/2009 12:27

Aaarrgh major freak out!

Am on maternity leave. Gave work a return date at the end of august (taking full year) as I assumed 1) DH would be able to find work 2)things would 'be ok' and 3) I'd get income support if DH wasn't working. Just got last month's mat pay.

So...not entitled to IS as DH lives with me. BUT he's not entitled to claim JSA due to visa conditions. So we're high and dry.

DH cannot find more than 2 days a week work. He's not english so no work experience in this country apart from cleaning and labouring with agencies - which has seriously dropped since the recession. He tries - can't do driving work as international license, he's a favourite at the building agencies as is reliable and own transport so he gets first pick - but still hardly any work.

Can't go back earlier as they have someone on a temp contract until I go back.

Have applied for JSA and called tax credits at suggestion of IS people. Not hopeful I'll get JSA as am 'employed' but we'll see. TAX CREDITS decided they have to take away my working element as I'm no longer getting SMP. So calling them has LOST me £50 a week. Even if I get JSA will be £65 a week so only just more than I've lost.

Realised my mistake and tried to take it back but no go - she'd already put it in system. Sooooo.....do I lie about my return date? Say I've gone back in a month? (I get 4 weeks extra WTC so it's only 2 months I've lost) and pay it back next year when I'm working and hopefully DH is too?

How dishonest is that? It's not stealing as I'll have to pay it back. WWYD?

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ObsidianBlackbirdMcNight · 28/05/2009 12:30

V tempted to lie and say he's moved out but am not kind of person to do that - even though I would be entitled to the money if he were english or not living with me. Money is not for him, but for baby. I wouldn't expect to get couple amount of IS or JSA - just single person's.

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MyGoldenNotebook · 28/05/2009 12:32

Hmmm ...

I don't know really. I can't judge you for considering it because I know what it's like to be in a tight spot. I'm currently a full time student (only 4 weeks to go now thank goodness) and things have been hard. I have to sort my Tax Credits out soon too and I'm dreading the money going down.

You WILL have to pay it back as you say but it does still feel like a moral issue somehow.

Really do feel for you.

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edam · 28/05/2009 12:36

I know it's a terrible dilemma but I really wouldn't lie - there's a fair chance you'll be discovered and then you will REALLY be in trouble.

Can you go into the job centre with dh and talk to a benefits adviser? Or go to Citizen's Advice? May also be worth calling the Equalities Commission and seeing if you can return to work earlier than you had planned - even if it requires your company to juggle a little. You may be entitled to.

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harleyd · 28/05/2009 12:37

i wouldnt lie about it
i would talk to cab, and also contact your employer with regards to starting back earlier

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ObsidianBlackbirdMcNight · 28/05/2009 12:37

I won't lie to them about him moving out. I'm not that sort of person. However I think I will have to lie about going back to work sooner. I don't see that I have a choice. We can't survive on what we are getting as it is, and if I lose £200 a month on top of that we are buggered. (And they will get it back)

Come flame me if you must - or any other constructive advice would be welcome....

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CarGirl · 28/05/2009 12:39

I'd second going to CAB and see if they can help sort it all out. Have you asked the CTC to assess you on your current income, ie what you will have coming in this year not on what you earnt last year, you will have to insist they don't seem to like doing it.

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ObsidianBlackbirdMcNight · 28/05/2009 12:39

I can't go back sooner. She signed a contract and they cannot employ both of us at the same time. They asked me when I wanted to go back - I told them - it's done.

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ObsidianBlackbirdMcNight · 28/05/2009 12:40

Tax credits have all our info. We earnt a fair bit more last year than this year so I have no idea how they work it out - but they have done

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smudgethepuppydog · 28/05/2009 12:41

Don't do it. Chances are someone will report you and you'll be in an even worse situation.

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morningpaper · 28/05/2009 12:42

If you are married to your DH why is he on a visa with these conditions?

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ObsidianBlackbirdMcNight · 28/05/2009 12:43

because he has a 2 year visa - next month we have to apply to make it permanent. They give you 2 years to prove it's genuine

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junglist1 · 28/05/2009 12:44

Lie, but stop talking about it on here. The system is fucked and they don't care whether you have enough to live on or not.

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ObsidianBlackbirdMcNight · 28/05/2009 12:45

Lol ok
I will NOT lie or do anything whatsoever. (but thanks for the advice J)

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CarGirl · 28/05/2009 12:45

The tax credits calculate the current year on your previous years income so ring them again and say that your circumstances have drastically changed and that this year you will earn x and your dh will earn y and you need your CTC to reflect the current income status.

You could actually say that this year you won't be working and then phone them up when you return to work and say you are now working and that your income will be x for the rest of the current financial year.

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ObsidianBlackbirdMcNight · 28/05/2009 12:48

That's basically the same as what I suggested cargirl - either way I have to lie to them if I want to live for July and August. Even if I do lie and get WTC for those 2 months it's still not enough to cover all my outgoings. I should cancel internet and contact lenses really - that would save about £35 a month. I could wear glasses but what would I do without internet and TV
God that sounds lame doesn't it. Sorry.

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ObsidianBlackbirdMcNight · 28/05/2009 12:51

Child tax credits won't go up - I get full amount for child under one and all that already.

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cornflakegirl · 28/05/2009 12:51

kat - I'm pretty sure that you're legally entitled to change your mind about when you go back to work, as long as you give them two months' notice. I know that would only get you back a month earlier, but I'm guessing every little helps. (I realise it might not make you very popular at work, but they were possibly a little foolish to not have some flexibility in the cover they arranged for you.)

Maybe post in employment for some proper advice if it's something you would consider.

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RumourOfAHurricane · 28/05/2009 12:52

This reply has been deleted

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CarGirl · 28/05/2009 12:55

But your husband is working? If he is working then surely you are entitled to WTC?

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ObsidianBlackbirdMcNight · 28/05/2009 12:59

Thanks cornflake
I might look into that. Thing is (and I know it's not my problem) I know my cover, and I know she's planning on applying for the next maternity cover post that starts when I go back. So if I went back early She'd be out of work for a month. Not my problem I know - but I'd feel shit doing that.

Outgoings are high because we had such a big gas bill over winter and our water bill was wrong - plus I have a credit card and loan from fecking child free credit cards for everyone days. Can't believe it. I might call the loan company to see if they can reduce payments temporarily.

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CarGirl · 28/05/2009 13:04

I would get down to CAB pronto for full advice. Also contact CAP to see if they can help you sort out your debts, they are a chairty not a money making rip off debt thingy www.capuk.org/help/needhelp.php there is another debt organisation out there can't think what it is called but the CAB will be able to tell you.

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ObsidianBlackbirdMcNight · 28/05/2009 13:06

No he's not at the moment. But that's a really good point. As soon as he is working I could tell them - but I'm not sure (due to his visa) if we could get them on the basis of him working.

Contact Lens direct debit cancelled But have 1.5 pairs so could buy a single one and stretch it out to end of august possibly! Not sure if I owe them anything though for the ones I have.

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BradfordMum · 28/05/2009 13:11

My son in law came to the uk 3 years ago and has worked full time.
He's now assistant general manager or a bar/restaurant.
His English was minimal 3 years ago but he is now almost fluent.
Is your dh making an effort both to improve his language skills and seek work?
There ARE. Jobs around, whatever anyone says.

Good luck.

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ObsidianBlackbirdMcNight · 28/05/2009 13:17

Yes he is, his english is great (just not written - courses are V expensive apart from one I found that starts in sept) he looks in job papers weekly, job centre, etc. He has applied for loads, but he only has labouring and cleaning experience in this country. He can't do delivery driving as his license isn;t covered under their insurance. He is trying, really.

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expatinscotland · 28/05/2009 13:19

Sorry, but I can't see how you can lie about starting back earlier because of the way WTC is administered.

Maybe it's changed since I had it myself, but it came added to my paycheque.

The CTC was paid into our bank account, but not the WTC because that is adminstered directly by HMRC.

Given that it is, DO NOT LIE at all!

Because you're lying to the tax man and they're swift and severe at a)finding out b) punishment.

And no, your spouse can't claim WTC until he is on ILR.

Btw, you do realise that is a cost to applying for it? It's about £700 by post and he will need to have passed the Knowledge of Life in the UK test at the time of application. This exam is also not free of charge.

Sorry he's in that situation, but rules are rules: people on FLR(M) cannot claim public funds, nor can their spouse get extra on their behalf. Lie about it and do it anyway and his application for ILR may well be rejected, which will mean he will need to leave the country.

My advice would be to see the CAB as well.

You are not entitled to IS unless you are disabled or lone parent.

And if you say he has moved out guess what? His visa is no longer valid. It is contingent on his being married to you, as is his ILR application.

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